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Adams & Associates, Inc. and McConnell, Jones Lanier & Murphy, LLP, Joint Employers

363 NLRB No. 193 (N.L.R.B. 2016)
Adams & Associates, Inc. and McConnell, Jones Lanier & Murphy, LLP, Joint Employers

30 Cited authorities

  1. Nat'l Labor Relations Bd. v. Canning

    573 U.S. 513 (2014)   Cited 274 times   150 Legal Analyses
    Holding that because there was no quorum of validly appointed board members, the NLRB “lacked authority to act,” and the enforcement order was therefore “void ab initio ”

  2. Nat'l Labor Relations Bd. v. Transportation Management Corp.

    462 U.S. 393 (1983)   Cited 652 times   11 Legal Analyses
    Holding that the employer bears the burden of negating causation in a mixed-motive discrimination case, noting "[i]t is fair that [the employer] bear the risk that the influence of legal and illegal motives cannot be separated."

  3. Fall River Dyeing & Finishing Corp. v. Nat'l Labor Relations Bd.

    482 U.S. 27 (1987)   Cited 369 times   12 Legal Analyses
    Holding that the new employer must bargain with the old union, if the new employer is a true successor, and discussing factors

  4. Labor Board v. Katz

    369 U.S. 736 (1962)   Cited 710 times   29 Legal Analyses
    Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"

  5. Nat'l Labor Relations Bd. v. Burns International Security Services, Inc.

    406 U.S. 272 (1972)   Cited 478 times   49 Legal Analyses
    Holding that a successor is not bound to substantive terms of previous collective bargaining agreement

  6. Caine v. Hardy

    503 U.S. 936 (1992)   Cited 103 times   1 Legal Analyses
    Explaining the Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 / Hudson v. Palmer, 468 U.S. 517, 104 S.Ct. 3194, 82 L.Ed.2d 393 doctrine

  7. N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

    662 F.2d 899 (1st Cir. 1981)   Cited 357 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  8. D.R. Horton, Inc. v. Nat'l Labor Relations Bd.

    737 F.3d 344 (5th Cir. 2013)   Cited 141 times   145 Legal Analyses
    Holding that an arbitration agreement that prohibited an employee from pursuing claims collectively did not violate the NLRA and must be enforced

  9. U.S. Marine Corp. v. N.L.R.B

    944 F.2d 1305 (7th Cir. 1990)   Cited 49 times

    Nos. 89-2051, 89-2140 and 89-2152. Argued December 5, 1989. Decided October 18, 1990. Reheard En Banc June 11, 1991. Decided September 25, 1991. Fred G. Groiss, Quarles Brady, Milwaukee, Wis., James D. Holzhauer (argued), Mayer, Brown Platt, Chicago, Ill., for petitioners/cross-respondents. Kenneth R. Loebel (argued), Previant, Goldberg, Uelman, Gratz, Miller Brueggeman, Milwaukee, Wis., for intervening respondent, petioner. Steven B. Goldstein, Contempt Litigation Branch, Washington, D.C., Fred

  10. Kallmann v. N.L.R.B

    640 F.2d 1094 (9th Cir. 1981)   Cited 63 times
    Holding that an employer could not be compelled to pay a greater amount of back-pay than the amount the employer would have paid its employees in the absence of the unfair labor practice

  11. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 24,109 times   67 Legal Analyses
    Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

  12. Section 151 - Findings and declaration of policy

    29 U.S.C. § 151   Cited 5,092 times   34 Legal Analyses
    Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

  13. Section 152 - Definitions

    29 U.S.C. § 152   Cited 3,213 times   27 Legal Analyses
    Defining a supervisor to include “any individual having authority . . . to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment”

  14. Section 159 - Representatives and elections

    29 U.S.C. § 159   Cited 2,441 times   12 Legal Analyses
    Granting a bargaining unit the exclusive right to represent employees in it

  15. Section 9.12 - Contractor requirements and prerogatives

    29 C.F.R. § 9.12

    (a)General - (1)No filling of employment openings prior to right of first refusal. Except as provided under the exclusion listed in § 9.4(b) or the exceptions listed in paragraph (c) of this section, a successor contractor or subcontractor must not fill any employment openings for positions subject to the SCA under the contract prior to making good faith offers of employment (i.e., a right of first refusal to employment on the contract), in positions for which the employees are qualified, to those